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Clint Hamada

The Code of Best Practices in Fair Use for Media Literacy Education -- Publications --... - 8 views

  • Fair use is the right to use copyrighted material without permission or payment under some circumstances—especially when the cultural or social benefits of the use are predominant.
  • This guide identifies five principles that represent the media literacy education community’s current consensus about acceptable practices for the fair use of copyrighted materials
  • This code of best practices does not tell you the limits of fair use rights.
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  • Media literacy is the capacity to access, analyze, evaluate, and communicate messages in a wide variety of forms. This expanded conceptualization of literacy responds to the demands of cultural participation in the twenty-first century.
  • Media literacy education helps people of all ages to be critical thinkers, effective communicators, and active citizens.
  • Rather than transforming the media material in question, they use that content for essentially the same purposes for which it originally was intended—to instruct or to entertain.
  • four types of considerations mentioned in the law: the nature of the use, the nature of the work used, the extent of the use, and its economic effect (the so-called "four factors").
  • this guide addresses another set of issues: the transformative uses of copyright materials in media literacy education that can flourish only with a robust understanding of fair use
  • Lack of clarity reduces learning and limits the ability to use digital tools. Some educators close their classroom doors and hide what they fear is infringement; others hyper-comply with imagined rules that are far stricter than the law requires, limiting the effectiveness of their teaching and their students’ learning.
  • However, there have been no important court decisions—in fact, very few decisions of any kind—that actually interpret and apply the doctrine in an educational context.
  • But copying, quoting, and generally re-using existing cultural material can be, under some circumstances, a critically important part of generating new culture. In fact, the cultural value of copying is so well established that it is written into the social bargain at the heart of copyright law. The bargain is this: we as a society give limited property rights to creators to encourage them to produce culture; at the same time, we give other creators the chance to use that same copyrighted material, without permission or payment, in some circumstances. Without the second half of the bargain, we could all lose important new cultural work.
  • specific exemptions for teachers in Sections 110(1) and (2) of the Copyright Act (for "face-to-face" in the classroom and equivalent distance practices in distance education
  • In reviewing the history of fair use litigation, we find that judges return again and again to two key questions: • Did the unlicensed use "transform" the material taken from the copyrighted work by using it for a different purpose than that of the original, or did it just repeat the work for the same intent and value as the original? • Was the material taken appropriate in kind and amount, considering the nature of the copyrighted work and of the use?
  • Fair use is in wide and vigorous use today in many professional communities. For example, historians regularly quote both other historians’ writings and textual sources; filmmakers and visual artists use, reinterpret, and critique copyright material; while scholars illustrate cultural commentary with textual, visual, and musical examples.
  • Fair use is healthy and vigorous in daily broadcast television news, where references to popular films, classic TV programs, archival images, and popular songs are constant and routinely unlicensed.
  • many publications for educators reproduce the guidelines uncritically, presenting them as standards that must be adhered to in order to act lawfully.
  • Experts (often non-lawyers) give conference workshops for K–12 teachers, technology coordinators, and library or media specialists where these guidelines and similar sets of purported rules are presented with rigid, official-looking tables and charts.
  • this is an area in which educators themselves should be leaders rather than followers. Often, they can assert their own rights under fair use to make these decisions on their own, without approval.
  • ducators should share their knowledge of fair use rights with library and media specialists, technology specialists, and other school leaders to assure that their fair use rights are put into institutional practice.
  • Through its five principles, this code of best practices identifies five sets of current practices in the use of copyrighted materials in media literacy education to which the doctrine of fair use clearly applies.
  • When students or educators use copyrighted materials in their own creative work outside of an educational context, they can rely on fair use guidelines created by other creator groups, including documentary filmmakers and online video producers.
  • In all cases, a digital copy is the same as a hard copy in terms of fair use
  • When a user’s copy was obtained illegally or in bad faith, that fact may affect fair use analysis.
  • Otherwise, of course, where a use is fair, it is irrelevant whether the source of the content in question was a recorded over-the-air broadcast, a teacher’s personal copy of a newspaper or a DVD, or a rented or borrowed piece of media.
  • The principles are all subject to a "rule of proportionality." Educators’ and students’ fair use rights extend to the portions of copyrighted works that they need to accomplish their educational goals
  • Educators use television news, advertising, movies, still images, newspaper and magazine articles, Web sites, video games, and other copyrighted material to build critical-thinking and communication skills.
  • nder fair use, educators using the concepts and techniques of media literacy can choose illustrative material from the full range of copyrighted sources and make them available to learners, in class, in workshops, in informal mentoring and teaching settings, and on school-related Web sites.
  • Whenever possible, educators should provide proper attribution and model citation practices that are appropriate to the form and context of use.
  • Where illustrative material is made available in digital formats, educators should provide reasonable protection against third-party access and downloads.
  • Teachers use copyrighted materials in the creation of lesson plans, materials, tool kits, and curricula in order to apply the principles of media literacy education and use digital technologies effectively in an educational context
  • Wherever possible, educators should provide attribution for quoted material, and of course they should use only what is necessary for the educational goal or purpose.
  • Educators using concepts and techniques of media literacy should be able to share effective examples of teaching about media and meaning with one another, including lessons and resource materials.
  • fair use applies to commercial materials as well as those produced outside the marketplace model.
  • curriculum developers should be especially careful to choose illustrations from copyrighted media that are necessary to meet the educational objectives of the lesson, using only what furthers the educational goal or purpose for which it is being made.
  • Curriculum developers should not rely on fair use when using copyrighted third-party images or texts to promote their materials
  • Students strengthen media literacy skills by creating messages and using such symbolic forms as language, images, sound, music, and digital media to express and share meaning. In learning to use video editing software and in creating remix videos, students learn how juxtaposition reshapes meaning. Students include excerpts from copyrighted material in their own creative work for many purposes, including for comment and criticism, for illustration, to stimulate public discussion, or in incidental or accidental ways
  • educators using concepts and techniques of media literacy should be free to enable learners to incorporate, modify, and re-present existing media objects in their own classroom work
  • Media production can foster and deepen awareness of the constructed nature of all media, one of the key concepts of media literacy. The basis for fair use here is embedded in good pedagogy.
  • Students’ use of copyrighted material should not be a substitute for creative effort
  • how their use of a copyrighted work repurposes or transforms the original
  • cannot rely on fair use when their goal is simply to establish a mood or convey an emotional tone, or when they employ popular songs simply to exploit their appeal and popularity.
  • Students should be encouraged to make their own careful assessments of fair use and should be reminded that attribution, in itself, does not convert an infringing use into a fair one.
  • Students who are expected to behave responsibly as media creators and who are encouraged to reach other people outside the classroom with their work learn most deeply.
  • . In some cases, widespread distribution of students’ work (via the Internet, for example) is appropriate. If student work that incorporates, modifies, and re-presents existing media content meets the transformativeness standard, it can be distributed to wide audiences under the doctrine of fair use.
  • educators should take the opportunity to model the real-world permissions process, with explicit emphasis not only on how that process works, but also on how it affects media making.
  • educators should explore with students the distinction between material that should be licensed, material that is in the public domain or otherwise openly available, and copyrighted material that is subject to fair use.
  • ethical obligation to provide proper attribution also should be examined
  • Most "copyright education" that educators and learners have encountered has been shaped by the concerns of commercial copyright holders, whose understandable concern about large-scale copyright piracy has caused them to equate any unlicensed use of copyrighted material with stealing
  • This code of best practices, by contrast, is shaped by educators for educators and the learners they serve, with the help of legal advisors. As an important first step in reclaiming their fair use rights, educators should employ this document to inform their own practices in the classroom and beyond.
  • Many school policies are based on so-called negotiated fair use guidelines, as discussed above. In their implementation of those guidelines, systems tend to confuse a limited "safe harbor" zone of absolute security with the entire range of possibility that fair use makes available.
  • Using an appropriate excerpt from copyrighted material to illustrate a key idea in the course of teaching is likely to be a fair use, for example.
  • Indeed, the Copyright Act itself makes it clear that educational uses will often be considered fair because they add important pedagogical value to referenced media objects
  • So if work is going to be shared widely, it is good to be able to rely on transformativeness.
  • We don’t know of any lawsuit actually brought by an American media company against an educator over the use of media in the educational process.
John Evans

Please, No More Professional Development! - Finding Common Ground - Education Week - 4 views

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    "Please, No More Professional Development! By Peter DeWitt on April 17, 2015 8:10 AM Today's guest blog is written by Kristine Fox (Ed.D), Senior Field Specialist/Research Associate at Quaglia Institute for Student Aspirations (QISA). She is a former teacher and administrator who has passion for teacher learning and student voice. Kris works directly with teachers and leaders across the country to help all learners reach their fullest potential. Peter DeWitt recently outlined why "faculty meetings are a waste of time." Furthering on his idea, most professional development opportunities don't offer optimal learning experiences and the rare teacher is sitting in her classroom thinking "I can't wait until my district's next PD day." When I inform a fellow educator that I am a PD provider, I can read her thoughts - boring, painful, waste of time, useless, irrelevant - one would think my job is equal to going to the dentist (sorry to my dentist friends). According to the Quaglia Institute and Teacher Voice and Aspirations International Center's National Teacher Voice Report only 54% percent of teachers agree "Meaningful staff development exists in my school." I can't imagine any other profession being satisfied with that number when it comes to employee learning and growth. What sense does it make for the science teacher to spend a day learning about upcoming English assessments? Or, for the veteran teacher to learn for the hundredth time how to use conceptual conflict as a hook. Why does education insist everyone attend the same type of training regardless of specialization, experience, or need? As a nod to the upcoming political campaigns and the inevitable introduction of plans with lots of points, here is my 5 Point Plan for revamping professional development. 5 Point Plan Point I - Change the Term: Semantics Matter We cannot reclaim the term Professional Development for teachers. It has a long, baggage-laden history of conformity that does not
John Evans

Moving Beyond "Sit'n'Git" Pro-D | Canadian Education Association (CEA) - 1 views

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    "I often wonder if what we see as teaching at professional learning events would be acceptable in a high school classroom. If the purpose of professional development (Pro-D) is professional learning, then what is our evidence that learning does, in fact, occur? Are we using effective teaching practices in Pro-D? Although Pro-D is evolving, the "Sit'n'Git" way of learning seems to still be alive and well in many conferences and workshops throughout Canada and the U.S. In the past five years, I cannot tell you how many times I've sat in a large conference room for a number of hours with hundreds of other dedicated educators and not been provided with the opportunity to even talk to the person beside me. People are spending hundreds and thousands of dollars to attend these events to listen to a series of lengthy lectures without the opportunity to network and wrestle with the presented ideas. I'm not opposed to a keynote address to start off the day with some inspiring, thought-provoking ideas; however, if there is no opportunity to take these ideas and move deeper, many of the thoughts that are initiated in the keynote get lost as I move on to the next session or listen to the next presenter. It's no secret that in order for deeper learning to occur, we must DO something with a new concept; we must apply new learning to take it from an idea to implementation. Our current typical model of Pro-D makes deeper learning a challenge and often only leaves participants with a few ideas that are unfortunately left on the shelf with the many glossy white binders from workshops of years past. At some point we need to stand up and say that a high volume of "Sit'n'Git" style of Pro-D is no longer acceptable and is an insult to those who have spent money, time, and effort to attend. While doing this, we also need to rethink the conference model and professional learning so that it better aligns with what we want to see in classrooms."
John Evans

200 Ways to Use Word Clouds in the Classroom | 21 st Century Educational Technology and... - 1 views

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    "nce again, I am amazed every time I talk to groups and find out so many educators have not used word clouds to their fullest extent with their students. Word clouds also provide an easy way for teachers who are just getting started using web technology in the classroom. I have tried to include a multitude of subject areas. These ideas include practices shared with me, various readings, and a lot of my own brainstorming. I know this will be an article you wish to share with others. In order to better understand some of the advanced uses I suggest you may wish to read my past post entitled, 12 Valuable Wordle Tips You Must Read.  One example of an advanced feature includes putting multiple words  together in a word cloud. If using Wordle, just put a tilde (~) between them. (Example (ice~cream~cone). While I call it advanced, it is also necessary to know in order to get the most out of word clouds in the classroom..Also, keep in mind that Tagxedo and Tagul are great alternatives to Wordle. Keep in mind that word clouds are a Web 2.0 tool. Make sure your students practice proper digital citizenship and privacy. You should also check your district AUP (Acceptable Use Policy). By the way… do you have an idea I have not listed? Then just take a moment and leave a comment or email me at mjgormans@gmail.com . I thank you in advance. Now, let's explore those word clouds!"
John Evans

Lisa Nielsen: The Innovative Educator: 5 Components Necessary for A Successful School E... - 2 views

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    "The Managing Complex Change model puts language to that which makes some schools successful while others struggle. The model looks at five components necessary to create a desired environment. These include vision, skills, incentives, resources, action plan. If any one piece is missing the model indicates results schools will experience including change, confusion, anxiety, gradual change, frustration, and a false start. When thinking of successful schools such as Science Leadership Academy, The MET, The Island School, The iSchool, you will find they have all those components in place. On the other hand, when I hear teachers lamenting about their school failures, the model brings clarity to the fact that one or more of these components are missing. Below is the chart that lays this out. Following the chart, I'll take a look at what each missing component might look like in a school environment. As you read, consider which, if any are components, are missing at your school. save image Lack of Vision = Confusion When I hear exasperated teachers spinning their wheels, working so hard to get ready for all the various mandates and requirements, but never feeling a sense of accomplishment, it is clear there is not a tangible school vision that has been communicated. In some cases this is because what is being imposed does or can not reconcile with what the school wanted for their vision. Skill Deficit = Anxiety My heart goes out to those with a skill deficit. They are required to implement a curriculum they are not trained in using or being evaluated via measures with which they are not familiar. Or…they are put into a position they were not trained for or prepared to embrace. Social media provides a great medium for helping these teachers get up to speed, but when the outreach occurs, the anxiety is abundantly clear. Lack of Incentives = Gradual Change It is not unusual for innovative educators to feel like and be perceived as misfits. Islands onto their own
John Evans

7 Characteristics of A Digitally Competent Teacher - Edudemic - 2 views

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    "What does being a 'digitally competent' teacher mean? Does it mean using laptops, smartphones, or tablets in your classroom? Does it mean finding new and interesting ways to use those devices along with apps and web tools?  What level of expertise with technology constitutes 'competent'? Or does the concept encompass more than that? Do things like digital citizenship, acceptable use policies, digital footprints, and privacy concerns ring a bell. Just like in real life, being well-rounded is important when you're addressing technology use. Having the ability to say, use an laptop isn't really enough. The handy infographic below explores what it means to be a digitally competent teacher."
John Evans

25 Teaching Tools To Organize, Innovate, & Manage Your Classroom - 2 views

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    "Over the years, many of us have personally experienced the growth of technology in today's classrooms. Instead of taking notes, students are now occupied by surfing the Internet, scrolling through Facebook, and messaging their friends on their smart phones, tablets, and laptops. Instead of focusing on the instruction, teachers are constantly required to interrupt class in order to remind those students again and again, that class time is for learning, not texting. However, as today's students are using more technological devices, it is imperative that teachers have access to the resources to keep pace with the growing tech culture. The use of smart phones, tablets, and other tech items in the classroom do not necessarily have to have a negative impact on student achievement. On the contrary, the increasing accessibility and growth of technology presents teachers with the unique opportunity to take advantage of those once distracting gadgets, and use them to facilitate academic achievement in new and innovative ways. In this capacity, teachers do not need to be constantly fighting for student attention, but can freely accept it, by introducing a new educational environment that will automatically encourage student participation. Below are some resources that teachers may find useful when attempting to implement technology into their classrooms, separated by 5 common areas that are increasingly important for teachers, and for an effective learning environment-Organization, Project Based Learning, Class Management, Presentations, and Assessment. "
John Evans

The Edjurist - Information on School and Educational Law - Blog - Acceptable ... - 0 views

  • One of the questions concerned Acceptable Use Policies and the ramifications of parents failing or unwilling to sign them, so I wanted to sort of rehash my answer here. 
John Evans

31 Amazing Sites with Free Music for Videos | McCoy Productions - 3 views

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    "If you're embarking on a video project, perhaps an explainer video, podcast, school project or video presentation, using the right production music can be the key to successfully drawing your viewers in; but finding the perfect song can seem a daunting task. Of course you could commission a track to be composed especially for you, but that can run into tens of thousands of dollars. Luckily, there are plenty of places available for you to find free music for your video project, but where can you get it from and how do you know if you have the legal right to use it for your project? Using copyrighted material in your video may seem like an easy mistake to make, but it's illegal and can get you into a lot of trouble. So how do you make sure that your choice of track is acceptable to use in your video?"
John Evans

Use iPads In The Classroom? This Acceptable Policy Poster Is For You. | Edudemic - 4 views

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    "Chances are, if you're teaching a group of younger students (elementary or middle school, though high schoolers are certainly not known for being super careful with their devices either), you're likely concerned about how they're handling your expensive classroom iPads. There are a ton of "tough" tablet cases out there designed to save your device when it is dropped/banged/slammed/smacked/otherwise injured, but just trying to protect them for when that happens isn't getting at the root of the problem. Teaching students how to properly handle their devices so that they don't get broken (or are less likely to, since obviously accidents happen) is a necessary approach (though I'd still recommend padding those iPads to high heaven in whatever case is most appropriate for your classroom needs)."
John Evans

How to Use Hashtags on Twitter, Facebook & Instagram - 1 views

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    " lot of words have been added to the dictionary over the past few decades thanks to social media, but few have become so widely used and accepted as "hashtag." For a long time, the hashtag symbol (#) was known simply as the "pound" symbol. Now, I could swear that the only time I hear it referred to as a pound symbol is when I enter my PIN number to pay my cell phone bill. Manage and plan your social media content with the help of this free calendar template. While hashtags were originally made famous by Twitter, they're now used on many major social networks, including Facebook and Instagram. Let's explore what a hashtag is, why they're so great, and how they work on Twitter, Facebook, and Instagram."
John Evans

YMCA's Camp Combe Is Using Minecraft To Teach Science And Engineering - 1 views

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    "The YMCA's Camp Combe is one of the most popular and best-known sleepaway camps in the New York Area. Serving over five hundred children a day during the summer months, the facility keeps its guests both busy and entertained with a whole host of activities including swimming, archery, high rope courses, nature walks, and...Minecraft? No, I'm not kidding. An hour outside of New York City, New York, a group of third-to-fifth graders this week dove into the camp's first ever Minecraft session. Of course, as creatively-oriented as the base game is, it doesn't really teach kids all that much as far as practical knowledge is concerned. That's why Camp Combe is using an educational variant of the title: MinecraftEdu. Deveoped by TeacherGaming, MinecraftEdu is a modified version of the base game whose sole purpose is to get its players interested in STEM (science, technology, engineering, and mathematics) fields. After logging in to MinecraftEdu, players are first taught the basics of the vanilla Minecraft experience - logging into a server, controlling their avatars, manipulating the environment, acceptable behaviors...you get the idea. Once they've been schooled in how to play, they're then given an objective; this task could be anything from building a bridge to creating a functional particle accelerator."
John Evans

Best Apps for Successful Students! - 0 views

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    "In past years you may have gotten in trouble with your teacher if you used a mobile device in the classroom. But this school year mobile devices are becoming more commonly accepted in classrooms. Teachers now don't automatically assume that you're texting someone, checking out Facebook or playing games if you're using your phone or iPad in the classroom. "
John Evans

A Principal's Reflections: Change is a Mindset - 3 views

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    "For many years New Milford High School was just like virtually every other public school in this country defined solely by traditional indicators of success such as standardized test scores, graduation rates, and acceptances to four year colleges. These indicators have become so embedded in the minds of those judging our schools and work that we, like everyone else, worked hard to focus only on initiatives that would hopefully produce favorable outcomes in those areas. If we were doing well we continued down the same path allowing the status quo to reign supreme. The mentality of if it ins't broke than why fix it resonated so profoundly with us that we would not have even considered changing our ways. If results were not what our stakeholders wanted this would then trigger meetings leading to the development of action plans to get us back on course. "
John Evans

Coding for Kindergarteners | Edutopia - 2 views

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    "Last year at this time, I was trying not to think about kindergarteners. I was still teaching ninth grade English and had just accepted a job teaching technology to K-5. I was excited about the challenge, and I knew that I'd bitten off more than I could chew. Developing the tech curriculum challenged me to teach programming or at least computational thinking at each elementary grade level. Our school is mid-pivot in technology -- we're in our second year of a middle school 1:2 iPad program, our first year of having a cart of iPads available for elementary, and our last year of two PC labs for the students to use (next year we'll have only one lab). Knowing this, I wanted to design a program that mostly used tablet-based tools."
John Evans

Free Technology for Teachers: Wicked Decent Anti-Use Policies - 0 views

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    Podcast on Acceptable Use Policies
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